Govt urged to purge judicial corruption
Govt urged to purge judicial corruption
Berni K. Moestafa, The Jakarta Post, Jakarta
A visiting United Nations investigator on judiciary
independence concluded his mission on Wednesday, expressing
concerns over widespread corruption in courts and urging the
government to make purging this "menace" its highest priority.
UN special rapporteur Dato Prama Cumaraswamy said the
immediate concerns were allegations of widespread corruption in
the judiciary.
Calling corruption a cancer of society, he said the "highest
priority should be given to excise this menace".
Based on his preliminary observations, the judiciary had lost
its prestige and dignity, he said.
He said underpaid judges and the court administration's lack
of resources contributed to the deterioration.
"Thus, the judiciary has become a breeding institution for
corrupt practices."
Cumaraswamy arrived last week on a 10-day mission to help the
government reform its judiciary.
He had planned to come up with recommendations at the end of
his visit, but explained he still lacked firm conclusions.
"I have discussed the matter at length with key personalities
and hope to get some feedback, and thereafter will make some
recommendations on a solution and strategy," Cumaraswamy told a
media briefing at the Ministry of Foreign Affairs.
The UN mission here highlights international concern over what
is seen as prevailing lawlessness in Indonesia.
Court cases involving foreign investors and the ongoing human
rights trials on atrocities in East Timor have drawn
international attention.
Cumaraswamy also said he had met with major lenders to
Indonesia, but did not explain the outcome of their meeting.
Last week, he said Indonesia's judiciary was in serious
problems and that its condition was worse than expected.
A study issued on Tuesday by Indonesian Corruption Watch (ICW)
on judiciary corruption appeared to validate his concerns.
ICW's report highlighted "systemic corruption" pervading the
legal system from the police, prosecutors, lawyers, judges as
well as the Supreme Court.
ICW charged that corruption had become part of the legal
system itself, making it near impossible to seek justice without
bribery of one form or another.
Cumaraswamy seemed to support ICW's report and said: "It
appears clear that there is substance to these allegations of
widespread corruption in the administration of justice".
He added the legal profession lacked regulations, and lawyers
lacked discipline.
Consequently, he said the country was lacking the procedures
necessary to make the legal profession accountable.
The procedures for qualification and admission to practice
were also not adequately provided by the law, according to him.
"To date, no one has been able to tell me how many lawyers
there are in Indonesia."
On Tuesday, Cumaraswamy came under fire by Minister of Justice
and Human Rights Yusril Ihza Mahendra after implying there was
insufficient political will to reform the judiciary.
Spokesman to the Ministry of Foreign Affairs Marty M.
Natalegawa, said there was no need to question the government's
political will.
He said that while everyone was urging faster legal reforms,
it did not mean the government was not committed to reform.
On Wednesday, Cumaraswamy said the government had shown
interest in reforming the judiciary and bringing it to
international standards.
"Both the government and the legislature have embarked on some
reform programs to address this issue (the administration of
justice)," he said.
These reforms were to revise laws, transfer all powers over
the judiciary from the Ministry of Justice and Human Rights to
the Supreme Court, and plans for a judicial commission.
Cumaraswamy said the reforms were moving in the right
direction, although somewhat slowly.
Meanwhile, public confidence in the judiciary is eroding and
the government should take immediate steps to change its tainted
image.
Inertia, he warned, could lead the public to take the law into
their own hands and dismiss verdicts of even honest judges.